In 1991, when I was still a young lawyer, Congress passed amendments to Title VII - The Civil Rights Act of 1964. For the first time, trials would be decided by a jury, not a judge, and plaintiffs could recover damages for emotional distress and punitive damages. I had always been interested in civil rights, so I decided that discrimination law was the type of law I wanted to practice. Up until 1991, I tried personal injury and business cases. I was excited to handle sexual harassment and race discrimination cases. The law applied to causes of action that occurred after the amendments in 1991. In 1994, I tried my first three sexual harassment cases. I decided to handle discrimination cases for the next ten years, since surely after ten years employment discrimination would be eradicated by the new law.
It is now twenty-seven years since Congress amended Title VII. I am no longer a “young” lawyer, in fact I am rather mature. My caseload of race discrimination and sexual harassment cases, along with age and disability discrimination cases, has only increased. Recently, I have seen an uptick in sexual harassment and race discrimination. Discrimination is sometimes more subtle, but it sure still exists.
I admire my clients, who demonstrate more courage than is imagineable. They are constantly fighting back, combatting pernicious discrimination in their own lives, one case at a time. I keep reminding myself of the words of Dr. King, “The arc of the moral universe is long, but it bends toward justice.”
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